Case: In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things from [redacted] [BR 15-75]

15-00075 | Foreign Intelligence Surveillance Court

Filed Date: June 2, 2015

Closed Date: June 29, 2015

Clearinghouse coding complete

Case Summary

Following the September 11, 2001 terrorist attacks, the National Security Agency (NSA) began the bulk collection of "telephony metadata" from all available domestic phone calls. This metadata did not include the call's content or party names, but did include phone numbers placed and received; the date, time and duration of calls; some location identifiers; and calling card numbers. In 2006, the government sought and received approval of the program from the U.S. Foreign Intelligence Surveillanc…

Following the September 11, 2001 terrorist attacks, the National Security Agency (NSA) began the bulk collection of "telephony metadata" from all available domestic phone calls. This metadata did not include the call's content or party names, but did include phone numbers placed and received; the date, time and duration of calls; some location identifiers; and calling card numbers. In 2006, the government sought and received approval of the program from the U.S. Foreign Intelligence Surveillance Court (FISC) under Section 501 of the Foreign Intelligence Surveillance Act of 1978 (FISA), as amended by Section 215 of the USA PATRIOT Act. Since 2006, the telephony metadata collection program has been reauthorized many times, most recently by FISC Judge James E. Boasberg in In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things from [redacted], FISA Docket BR 15-24. On June 2, 2015, Congress passed the USA FREEDOM Act of 2015, which prohibited the bulk collection of telephony metadata under Section 215, and instead established a new mechanism for targeted production of call detail records which "shall take effect . . . 180 days after the enactment" of the USA FREEDOM Act. On June 8, 2015, the government filed this application in the FISC to obtain continued authorization for collection of telephony metadata for this 180-day transition period between the expiration of authorization under FISA Docket BR 15-24 and the new procedures authorized by the USA FREEDOM Act. Prior to the government's application, FreedomWorks Foundation, a nonprofit political advocacy group, filed a motion opposing the reauthorization of the program. See FISA Docket Misc. 15-01.

On June 29, 2015, FISC Judge Michael W. Mosman approved the government's application in FISA Docket BR 15-75 for continuation of authority to collect telephony metadata during the 180-day transition period. Judge Mosman first noted that he was appointing FreedomWorks Foundation as amicus curiae as authorized under Section 102(i)(2)(A) of the USA FREEDOM Act, and would utilize their brief as an amicus brief under this application.

However, Judge Mosman determined that FreedomWorks Foundation's arguments lacked merit. Judge Mosman relied heavily on Judge Saylor's reasoning in FISA Docket BR 15-77 and 15-78, holding that the effect of the USA FREEDOM Act was to continue Section 501 as amended by Section 215 of the PATRIOT Act. Judge Mosman also determined it was Congress' intent to re-authorize the bulk collection of telephony metadata under Section 501 during this period.

On November 27, 2015, the Office of the Director of National Intelligence (ODNI) issued a statement confirming that the 180-day transition period would cease on November 29. However, ODNI also confirmed that the government had requested "limited access to historical Section 215 metadata until February 29, 2016, limited to technical personnel and solely for the purpose of verifying that the new targeted production mechanism authorized by the USA FREEDOM Act is working as intended." This request was approved by the FISC in FISA Docket BR 15-99.

On March 2, 2019, Luke Murry, National Security Advisor to Republican House Minority Leader Kevin McCarthy, discussed the status of USA FREEDOM Act surveillance during a podcast for the national security website Lawfare. Mr. Murry disclosed that the Trump administration “hasn’t actually been using it for the past six months,” and that the administration might not ask Congress to renew its legal authority, which is set to expire on December 15, 2019.

Summary Authors

John He (4/3/2016)

Lisa Limb (4/4/2019)

Related Cases

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215 [Misc. 15-01], Foreign Intelligence Surveillance Court (2015)

In re Applications of the Federal Bureau of Investigation for Orders Requiring the Production of Tangible Things [BR 15-77 & 15-78], Foreign Intelligence Surveillance Court (2015)

People


Judge(s)

Mosman, Michael W. (Oregon)

Expert/Monitor/Master/Other

Carlin, John P. (District of Columbia)

Judge(s)

Mosman, Michael W. (Oregon)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

15-00075

Memorandum of Law

In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things [BR 15-75]

June 2, 2015

June 2, 2015

Pleading / Motion / Brief

15-00075

15-00001

Opinion and Order

In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things [BR 15-75 & Misc. 15-01]

June 29, 2015

June 29, 2015

Order/Opinion

2015 WL 2015

15-00075

Primary Order

In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things [BR 15-75]

June 29, 2015

June 29, 2015

Order/Opinion

2015 WL 2015

Resources

Docket

Last updated Feb. 14, 2024, 3:06 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Foreign Intelligence Surveillance Court

Key Dates

Filing Date: June 2, 2015

Closing Date: June 29, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Government

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Case Details

Causes of Action:

FISA Title V order (PATRIOT Act § 215, business records or other tangible things), 50 U.S.C. §§ 1861-1862

Available Documents:

None of the above

Outcome

Prevailing Party: Defendant

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Terrorism/Post 9-11 issues